In the accounts of the debate that follow, things sometimes flip between the
first and third person. I’m guessing that this is because they are partially
taken from prepared speeches, manuscripts of which were provided by the
speakers to the recorder (Jeremiah Perley), and partially taken from notes
that Perley or one of his assistants took while more spontaneous debates and
asides were spoken.
Samuel Redington told the delegates why asking Quakers to pay a fine, or fee,
or exemption payment in lieu of direct military service wasn’t going to do the
trick:
But George Thatcher replied with a long critique of the scriptural basis of
Quaker war tax resistance, and with his doubts about the reasonableness of
any special legal concessions for individual “conscientious” objection to
obligations placed on citizens by the government:
Judge Thacher enquired who was to determine what a man’s conscientious
scruples were; and when they were sincere? The Judge said, he was very
well acquainted with the Societies of Friends, and for
many years while he was at New York, and Philadelphia, he had opportunities
of seeing much of their regulations as societies of christians, and to be
intimately acquainted with many of them as individuals, and he did not
hesitate to say he was ready to go farther than any member had gone in
appreciating their principles in general as a sect of christians, and of
their individual conduct that it approached, in several respects, nearer to
evangelical purity than any other sect he was acquainted with; yet he
thought they had some errors; though he looked upon them as less pernicious
to society than the errors of some other sects. — He declared that he
was himself against war, and was much inclined to the opinion that
christians ought not to go to war; that he was a friend and well wisher to
all the various means lately adopted by associations to prevent future wars
by eradicating, softening and giving a new direction to the passions which
led to war; and he had no doubt, as people acted upon pure evangelical
principles, they would become averse to war; and in the same ratio wars
would diminish in frequency, and become less cruel in the manner they had
been carried on. — But, he said, he did not think it a safe or proper
principle for government to adopt, always to leave it to the
consciences of individuals, and simply for them to say whether they
will obey a general law or not, and so, on that ground, claim an exemption
from a general duty. In the course of forty years, he continued, he had
heard a great deal about conscience and conscientious
scruples, in Courts where individuals had appeared to him, but he
judged only for himself, to feel more for a small tax to support a minister
or to build a meetinghouse than of its real repugnance to any of the Laws of
Jesus, their real or pretended master — that is contrary to the laws
of that kingdom which is not of this world. Of this, however, he was ready
to do justice to the Quakers. He had never found them very zealous in
making converts from other denominations; nor did he know of their
interfering with other societies by attempting to exempt their regular
members from a parish tax by extending to them the legal covering
and protection of the mere forms of their own society, as some
other sects had frequently done — Of which practice he believed he
could produce a number of instances from trials that had taken place in the
courts of law; where he thought it was manifest, that conscience
was but a secondary consideration, and a pretence to get clear of a regular
tax.
Furthermore. he said there were already formed societies, and probably
others of a like nature and profession might start up, whose professed
object is to discountenance national wars; and, he had no doubt, that if the
amendment took place, it would soon become a supposed natural sentiment with
their members, especially those who might mistake obstinacy or party spirit,
for conscience, to plead conscience as a ground and
justifying reason why they should be exempted from the militia, of some tax
they may please to say their conscience tells them is to carry on a
war. Indeed, he felt persuaded, there could tie no fixed limits to
exemptions if the amendment became a constitutional principle.
He was perfectly satisfied, he continued, this talk about conscience of
which some people made so much noise, in one sect and another, was not
clearly understood; and he begged the attention of the Convention, a few
moments, and he thought he should be able to satisfy every member of it,
that it was not only an unsafe ground to found exemptions upon; but that
those who have pleaded it, and now contend so much for it, have altogether
mistaken the nature and character of their own views of the Christian
Religion — But he wished to premise first — that in a country
where the christian religion was so generally professed, in some form or
other, as to be supported by all the inhahitants, it is not to be presumed
that any Legislature would knowingly pass a general law, directly contrary
to the laws of their religion, which it is acknowledged in this country, are
contained in the Bible — there, and there only must people look for
the religion of christians. And in this country he thought all would agree
with him that it would he very unsafe indeed to leave it to the opinions of
individuals that they could not in conscience obey such or such a law, or
pay an equivalent in money or services because they might be of opinion they
could shew by reasoning on the common principles of the understanding and of
natural theology, that the requisitions of the law were repugnant to the
dictates of their consciences. Many individuals may consider a law is not so
beneficial to the public, or their particular interests as it might be if it
were altered in some respects — or even that it would be better for
the community if it were repealed altogether; but such opinions or
convictions of conscience, as some may call them, are no legitimate
grounds for personal exemptions. Conscience, he thought ought rather to be
considered as an impelling force, than a directing
principle in human actions. And where the understanding is uninformed
and darkened by prejudices or party spirit, an ardent, zealous temporal man
was likely to do as much hurt to individuals and the public by adhering to
his conscience, as one who made no pretension at all to religion — He alluded to the family of the Dutartres, of South-Carolina; and to
old Calvin, and asked, who ever doubted but the latter acted very
conscientiously in the aid and advice he gave to the burning of poor
Servetus? But who, he again demanded, ever committed a more wicked and cruel
action? The torture of the victim was not the less, because his persecutor,
through ignorance of the principles and spirit of his professed religion,
might have acted conscientiously. He thought it foreign to the
point in debate to go into a consideration, how far the criminality of the
action would be affected by these considerations. Who ever called in
question the sincerity of the consciences of the Judges and Jurors
who condemned so many men and women at Salem, for Witches and
Wizards? The Quakers themselves were persecuted by our pious, godly
and conscientious forefathers; and so were some other sects. Indeed he
observed, the whole history of the Church, (not to rest solely on the case
of the great Apostle to the Gentiles whose unenlightened, though
sincere conscience is very much to the point, how far it ought to
be made the ground of exemption from general civil duty) as well as all
party disputes of a political nature amount to a moral demonstration that
conscience or the moral sense is a principle, in human
nature, that needs instruction as much as any other of its original
principles, and where it is neglected it did about as much hurt as good, and
was as often wrong as right; and when wrong, but connected with
erroneous principles of religion, it never failed to impel devotees
to the greatest enormities.
But to come more directly to the argument, he said, it might be taken for
granted, that the Quakers and others, who claim the exemption on the ground
of conscience, do it as Christians, that is, as disciples and followers
of Jesus, and in obedience to his religion; or in other words they
claim to be subjects of his kingdom, and as such cannot render obedience to
the laws or requisitions of any other government that are contrary to, or
forbidden by the laws of his kingdom. He thought this was the ground they
ought to take; and as a Christian and brother disciple he was willing they
with him should enjoy the benefits of that kingdom to its utmost extent, as
Jesus, their common Master and King intended his followers should.
The principle of this claim, he said, was common to all governments. It is
acknowledged every day in the State Governments with regard to their
constitutions and laws, as related to the constitution and laws of the
United States; and in the laws of each state, as related to their respective
constitutions — when the laws of Congress are contrary to the
Constitution of the United States, or the laws of a State are contrary to
its Constitution, or that of the United States, they are void — So any
law of man, or requisition under a human law, contrary to, or forbidden by
the laws of Christ’s kingdom, are null and void — But the laws
of Christ’s kingdom, that are to be received by his disciples as
paramount to all human, laws ought to be clear and express; it cannot be
received, as he before observed, that every man’s opinion of
particular actions being wrong according to some mode of ratiocination on
supposed principles of expediency, or general utility, will bring those
actions within the case. And it must he recollected that Christ’s
kingdom is not of this world. He never pretended to regulate things that are
called property, according to the laws of particular nations, or the actions
of men in but few cases — His laws are over the heart, they regulate
the feelings, affections and temper; they take higher ground than human
laws; he does not simply say, you shall not kill; but purify the heart, and
when duly obeyed, make it as unnecessary to say to his disciples, you shall
not kill, as it would’ve been for the Deity, on the creation of Adam,
to command him not to fly like the eagle. A little attention to some of the
precepts that compose the code of that kingdom into which men enter when
they become disciples of Jesus, will shew whether they interfere at all with
the proposed article in question — He would name a few of them by way
of illustration — “Jesus is to be received as the Christ” — “He is to be acknowledged before men; and any denial of him
before men is a renunciation of allegiance” — “All his
subjects must love one another” — “they must love their
enemies” — “they must do good to those who do evil to
them” — in other words they should render good for evil — “they must never act from revenge or malice” — “they
must forgive those who offend and injure them” — “they
must preach and publish the gospel” — “they must on all
occasions obey God rather than man.” Now all these, with the rest of
the code, too numerous to detail, but of the same character, the apostles,
in their various epistles, explained and enforced consistently with
obedience to the general laws of the empire. And wherein, at this time, is
the command of government, that all its citizens shall contribute to its
support, repugnant to, or forbidden by any of the precepts just recited, or
of any others of the heavenly code? For the vesting the legislature with
authority to call upon all its subjects to perform militia duty, or pay a
sum of money for an exemption, ought to be considered only as a mode of
national defense; and will any one of this Convention say, that a national
defense, when attacked by a public enemy, is unlawful? Let them then who
contend for the exemption on the ground of the demand being against
conscience, point out the law in the christian code which clearly prohibits,
or means counter to the requisition, and he would give up his opposition and
support their cause: for he believed he felt as much repugnance to a wilful
violation of his Master’s commands, as any of them.
Every Quaker and Baptist, indeed every disciple of Jesus, ought to act in
the common affairs of life, and in all their intercourse with the
governments of this world under which they live, in the same manner as they
have good reason to believe their King and Master would, were he in their
particular situation. And fortunately we are not left in the dark on this
subject. The general conduct of Jesus in his intercourse with society, as
well as his laws and precepts, are for our instruction and direction in like
cases: and his disciples may safely regulate their intercourse with the
existing governments, by the examples he has left them on record.
The Judge said he hoped every member of the Convention would attend to the
authorities he was about to cite, for in his mind they had great weight, and
seemed to him conclusive on the subject in debate.
It would he recollected, when Jesus, with his disciples, was returning from
Galilee to Jerusalem, they entered into Capernaum; and they who received
tribute came to Peter and asked him, if his master paid tribute? And he
answered them, that he did; and when Peter was come into the house, probably
to get some money of Jesus; but Jesus, knowing what he wanted, prevented his
question, by demanding of him, of whom the kings of the earth took custom or
tribute? of their own children, or of strangers? Peter answered, of
strangers: Then said Jesus to him, the children are free. Nevertheless,
continued Jesus, lest we should offend them, go you and cast an hook into
the sea, and the first fish that cometh, take it up, and on opening its
mouth you shall find a piece of money; take it and give it to them for you
and me.
Now, said the Judge, can there be a more direct authority, as lawyers say
when they cite precedents, than this is to the point in debate? Here was
demanded of Jesus and his disciples, an unlawful tax, but rather than make
any dispute about it, a miracle was wrought to get money to pay it. He
continued that he did not see how the principle of the authority can be
avoided, unless those who contend for the amendment should say, that the
tribute demanded of Jesus and his companions, was a tax laid by the Jews
themselves towards the defraying of the expenses of the temple, and so being
a lawful tax according to the law of Moses, it was legally binding on Jesus
and his disciples, they being Jews, and the temple worship not yet being
fully abrogated. And if any member should take this ground to avoid the
application of the authority, he was ready to reply and support the
application.
But he must beg the attention of the Convention a few moments longer, and he
would produce another text, by way of authority, which he looked upon free
from all objection whatever. It was from the same reporter, Saint Matthew,
chapter 22. The Pharisees took counsel together how they might entangle
Jesus in his talk, and so they sent out to him some of their own disciples,
with the Herodians (the Judge observed it was probable these Herodians were
among the leaders of a party who adhered to Herod their King, and might, on
that account, be somewhat attached to the Roman government so long as it
supported Herod and their party) and they addressed Jesus by calling him
Master, and, in words, at least, acknowledged that he was a teacher sent
from God, and that he cared for no man. Tell us, said they, (what they
thought of great importance to the nation of the Jews) was it lawful or
not to give tribute to Cæsar? And there can be no doubt, but they
expected he would answer, yea or nay. If he had answered in the affirmative,
then the Pharisees would have charged him with being a friend to the Romans,
and an enemy to his own people the Jews; and if he answered in the negative,
then the Herodians would have faulted him as a disturber of the existing
administration. But Jesus perceiving their wicked and fraudulent design,
said to them; shew me the tribute money; and they brought him a penny — and he demanded of them whose image and superscription was on the
coin? And they said, it was Cæsar’s; then said he to them,
render to Cæsar the things that are Cæsar’s, and to God
the things that are God’s. The Judge observed, as long as he had been
conversant in courts of law, he did not recollect ever to have met a case so
completely proved by authority of precedents as the present case is by the
two examples of Christ’s conduct now quoted. He continued that it
might be fairly inferred from the last that Jesus did not look upon money,
that is, the circulating coin of a nation, as a matter within the
jurisdiction of his kingdom, or as having any value set upon it by his laws.
All the value it had received from the authority of the Emperor, that is the
civil power over the kingdom of this world; and whenever he or his officers
should call for any portion of it, let it be in whose hands it may, if the
demand he made according to the general regulations of the empire, it was
the duty of the holder to give it up; and the paying of it would not be
considered by Jesus himself as an action forbidden by, or contrary to any of
the laws of his kingdom. — He desired the New Testament, where are
recorded the laws of the kingdom to which Christians belong as disciples of
Jesus Christ, and are often explained and enforced by his Apostles, might be
examined, and the law or precept pointed out which is contravened by a
holder of Cæsar’s coin paying it to discharge a legal tax to a
collector. This he said, he thought, could not be done. — To pay the
tribute actually demanded of Peter and his Master at Capernaum, or the taxes
figuratively alluded to as having the stamp of Cæsar on the coins were
simple actions necessary in civil society to support government on the part
of those who demanded, as well as those who paid it, without any reference
or implication whatever, whether Jesus was the Messiah or not; neither was
the money demanded with an intent that the payment should he considered and
taken advantage of as evidence of a denial of Christ before men; or as
evidence that the man paying the tax was thereby to be considered as obeying
man rather than God. So, in the present case, under a militia law where
citizens are called upon to learn the military art by exercising and
manoeuvring with arms in their hands a certain number of days in the year,
or to pay a small sum of money to compensate those who do, and thereby to be
exempted themselves, the sole object of the Legislature is to provide for
national defense. and the Judge said he thought national defense, and
consequently, a preparation for it, could not, on any rational construction
of scripture, be looked upon as an action forbid by the laws of
Christ’s kingdom. These and such governmental requisitions necessary
for its support are altogether different from the requisitions made by the
Roman government through the empire, in after persecutions; when christians
were called upon to do some act, such as throwing a handful of salt into
a fire on a heathen altar, or offering a sacrifice, or
bowing to the image of the emperor, all which were demanded, and it
was expected they were to be performed intentionally as plenary evidence of
a denial of Christ before men; and a willingness to obey man rather than
God; and which were prescribed as the only means of saving their lives and
their worldly estate. On the foregoing principles and considerations, the
Judge said, when he heard of a Quaker, Baptist, Methodist, Unitarian, or any
other denomination objecting to a tax, legally made, to support a minister,
or to exempt from military duty, on the ground of conscience and as
disciples of Jesus Christ, he could not, after the most serious and
deliberate investigation of the subject, but think they entertained very
mistaken notions of conscience, and that their views of religion
and civil intercourse were very much confused. In this opinion, however, he
did not mean to call their sincerity in question. For he was
perfectly satisfied, from philosophical considerations and history, that
sincerity, might, by habit, become associated with error
as well as with truth. The Judge then observed, he wished it to be
expressly understood by the Convention, that he did not mean to oppose the
exemption of Quakers, and all his observations and reasoning were intended
to oppose the allowance of the exemption on the ground of
conscience, as had been contended for by some of several
denominations — And so far he thought both reason and scripture
supported him.
There was another ground on which he was clearly of opinion the sect of
Quakers might claim an exemption; which was that their society, as a sort of
religious government peculiar to themselves, did render to the government of
the State an equivalent for military duty, in that they always took care to
have no poor people, or if they had any, they maintained them themselves. He
had never heard of a pauper Quaker being maintained by a town. He was
inclined to think their christian principles had such an influence on their
hearts as to lead them to provide for, aid and assist one another in all the
arts of useful living so as to preclude what is commonly called
pauperism. He said the quakers have always been known and
distinguished as a body from all other people, as much as the followers of
Christ were in the apostolic age; and they are now equally distinguished as
individuals and a society. When it is proved that a person is of that
denomination, it follows of consequence that he is opposed to war; there is
no need of his making a declaration of his personal conscience, he
believed it to be amalgamated in their common creed; and this he believed
could not he said of any other sect and society in the Commonwealth. Though
he believed the Moravians, or united brethren as they are called, had made
it an article of their creed, not to fight. But he knew none of that sect in
the State.
He continued, that it was suggested to him at the moment, that the Quakers
educated their own children and had very little or no benefit from the town
schools, though they were generally taxed for that purpose. He knew this to
be the case in some large towns where there were many of that denomination
living compactly, but he had not heard how it was in the country towns.
He added, whenever any other sect of christians should become embodied and
distinguished as the Quakers are, and afford the same evidence from their
known principles and practice that war was their aversion and like them in
consequence of their principles render an equivalent, he should be ready to
vote their exemption, as he now was that of the Quakers. But it must not be
an hypocritical conscience; or where individuals, here and there,
sometimes of one denomination, sometimes of another, and about as often of
no fixed state of religious worship whatever, start up, in times of a
national war, or when taxes bear heavily on the community, and proclaim
they cannot in conscience meet in a militia company, and their
consciences tell them they ought not to pay an exemption tax, or a
parochial tax, he was ready to acknowledge, he had very little faith in such
time serving consciences. And he said he could not refrain from
observing that these kinds of tender consciences, of late, seemed
to increase, and extended to almost every requisition of Government. — He had lately known some to claim an exemption from acting as jurors in
capital trials, on the ground of conscientious scruples; and another who did
not see his way clear to take the oath or affirmation of a grand juror,
merely because it was impressed on his mind that he could
do more good than by spending his time that way. These kind of consciences,
he said, stood in need of instruction.